§1141. Domestic Relations Section; nonrefundable fee; assessment and disposition
A. In addition to all other fees and costs now or hereafter provided by law, the clerk
of the Civil District Court for the parish of Orleans, except as otherwise provided by law and
subject to the provisions of Code of Civil Procedure Article 5181 et seq., shall collect from
every person filing any suit or proceeding in the Civil District Court for the parish of Orleans,
Domestic Relations Section, a nonrefundable fee of ten dollars per such suit.
B. The clerk of the civil district court, within thirty days of the close of each fiscal
year, shall remit all costs collected pursuant to this Section to be deposited in the state
treasurer's account for credit to a special statutorily dedicated fund account after meeting the
requirements of Article VII, Section 9 of the Constitution of Louisiana. The monies in this
account shall be invested by the state treasurer in the same manner as monies in the state
general fund, and interest earned on the investment of these monies shall be credited to the
account following compliance with the requirement of Article VII, Section 9(B) of the
Constitution of Louisiana relative to the Bond Security and Redemption Fund. Disbursement
of funds shall be made by the office of children and family services in the Department of
Children and Family Services, or its successor, in accordance with Paragraph (E)(2) of this
Section and only in amounts appropriated by the legislature. Monies deposited into this
account shall be categorized as fees and self-generated revenue for the sole purpose of
reporting related to the executive budget, supporting documents, and general appropriations
bills and shall be available for annual appropriation by the legislature.
C. The monies appropriated by the legislature and disbursed from the special account
shall not displace, replace, or supplant appropriations from the general fund. This Subsection
shall mean that no appropriation for any fiscal year from the special account shall be made
for any purpose for which a general fund appropriation was made in the previous year unless
the total appropriations for the fiscal year from the state general fund for such purpose exceed
general fund appropriations for the previous year.
D. All monies in this account shall be used solely for the purpose of providing fiscal
support to those non-profit organizations located and operating in the parish of Orleans and
providing shelter for battered women and their children. A shelter is defined for purposes
of this Section as a temporary residence providing assistance to battered women and their
children in the reestablishment of independent living from a financial, emotional, and
psychological perspective.
E.(1) Within thirty days of the receipt of such funds, the office of children and family
services shall distribute the funds among those qualifying organizations. A qualifying
organization must be recognized as a non-profit organization under Section 501(c)(3) of the
Internal Revenue Code and be located within the parish of Orleans, and shall provide:
(a) A shelter with a minimum of twelve beds.
(b) Two in-house meals per day.
(c) Residencies for no less than fifteen days nor more than six months.
(d) A meaningful program to assist in the reestablishment of independent living from
a financial, emotional, and psychological perspective.
(2) Funds shall be apportioned among the qualifying organizations on the same
percentage basis that the qualifying organizations' points bear to the total number of points
of all qualifying organizations. Each qualifying organization shall receive five points per
available bed, one point for each percentage of bed occupancy during the year, and two
points for each person sheltered for at least fifteen days. All figures shall be based on the
qualifying organizations' performance during the preceding calendar year.
(3) Organizations seeking to be qualified shall apply on an annual basis to the office
of community services within the time and in the manner designated by the office of
community services and afford such reasonable proof as is required to establish its
entitlement to funds.
Acts 2006, No. 621, §26, eff. Jan. 1, 2009; Acts 2009, No. 409, §1, eff. July 1, 2009;
Acts 2012, No. 474, §§4(B)(2) and 6; Acts 2019, No. 404, §3, eff. July 1, 2020.